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(영문) 청주지방법원 2015.12.18 2015노1240

사기

Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (one year of imprisonment, confiscation) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. The Defendant appears to have committed the instant crime and committed a mistake.

In addition, the defendant was responsible for monitoring cash withdrawals in the crime of this case, and the degree of his participation was not significant.

In addition, it seems that the defendant did not have personal gain due to the crime of this case; the defendant's parents naturalization in Korea and the defendant wanting to capture his parents and kill his parents by naturalization in Korea on two occasions, such as viewing the naturalization test. In Korea, the first offender who had no criminal record prior to the crime of this case, and the parent and female-friendly Gu wanting to have their wife against the defendant, etc. are favorable to the defendant.

However, the crime of this case was planned to participate in the crime of this case by taking charge of monitoring the D's taking charge of the withdrawal of the damage amount transferred from the telephone financial fraud (tentatively named phishing) criminal organization in China where the defendant is active in the crime of this case. After obtaining the passbook of bank account in the above victim E from the victim E, the passbook of the bank account in the above victim's name, the check card, and the check of the above passbook and the check card on the cell phone, and then monitoring the transmission of the photograph to the organization book, etc., the defendant acquired the passbook owned by the victim and the profit in property obtained financial transaction information on the physical card, and the punishment for the unlawful act is more important.

Furthermore, this telephone financial fraud act plays a role as a serious crime, such as a total account book, passbook recruitment book, withdrawal and delivery book, money exchange and remittance book, consultation book, etc., because it is very difficult to recover the damage because it is very difficult for many victims to do so.